Understanding Criminal Probation in Williston, ND
If you have been arrested for a criminal offense such as Driving Under the Influence, Simple Assault, Disorderly Conduct, or even something as simple as Driving Under Suspension, you may be subject to probation. This article explains the different types of probation and what you can expect from the Williston, North Dakota court process.
Maximum Probation Term: B Misdemeanor — 365 days, A Misdemeanor — 2 Years, C Felony — 5 Years, B Felony — 10 Years. There is usually no minimum term of probation, aside from alcohol related cases such as DUI 3rd Offense and DUI 4th Offense.
What is the Difference Between Supervised and Unsupervised Probation? You may be exposed to some form of probation after any criminal conviction or guilty plea. There are two general varieties of probation — supervised and unsupervised. Usually unsupervised probation is preferable because it results in the fewest inconveniences in your daily life. During unsupervised probation, you do not have a probation officer assigned to you. You are not required to check in with any probation officer and usually are free to come and go from the state. This means that you, on your own, are essentially responsible to remain law abiding and avoid further violations. If there are any other requirements of your plea agreement, such as attending an alcohol valuation or treatment, you will still be responsible for doing so. It is important to mention that you may still be subject to reasonable searches and seizures by law enforcement without a warrant while on even unsupervised probation. However, a search is very unlikely to occur unless you have a separate, unrelated encounter with law enforcement. You are also prohibited from owning a firearm or dangerous weapon on most unsupervised probation.
With supervised probation, you face more restrictions and impositions on your lifestyle. You will be required to report to probation within 24 hours of being sentenced. The probation officer will conduct an intake interview with you and explain the supervised probation process. By this point, the court will have likely imposed standard terms and conditions of supervised probation. These include the following possible conditions:
- Maintain gainful employment
- Notify probation of any change in address or employment
- Submit to fingerprinting and provide a DNA sample
- Do not leave the statement without prior written permission from probation
- Do not associate with known criminals
- Do not possess a firearm or other dangerous weapons
- Pay monthly probation fees in the amount of $55 per month
- Submit to drug and alcohol testing
- Meet an addiction counsel and complete any recommended treatment
- No possession or use of alcohol
- No contact with the alleged victims in your case
What Are My Legal Options to Avoid Probation?
As you can see, the difference between supervised and unsupervised probation is major. Your life can be seriously impacted if you are forced to regularly report to a probation officer and surrender your privacy and freedom of movement. An experienced criminal defense attorney will seek to have the charges reduced or dismissed altogether. If probation of some form is not avoidable, then we will push to have only unsupervised probation, or to minimize the length of your supervised probation. Contact a criminal defense attorney at the Chapman Law Office today. Free consultation with a local trial lawyer, call 701-572-3966 or email us at [email protected]. We are located in Williston, North Dakota and have successfully defended countless DUI and criminal cases like yours.
